new york state is throwing out the old rule book to give your business a new edge, the edge you can only get in new york state. to grow our start your business, visit thenewny.com see you back here on monday night. >> greta: tonight, an on the record special. held hostage ten years of >> tonight an on the record special. 10 years of terror. three girls kidnapped and they escape years of torture inside a cleveland basement. >> help me. i am amanda berry. i have been kidnapped i have been missing for 10 years. i am here, i am free now. >> one of the moments you won't forget missing 10 years and finally found and today they are free. >> i have a female on the phone who says shi'ite manda berry says she has been kidnapped 10 years ago. >> it is nothing short of a miracle. >> three women missing for 10 years found alive.

amanda berry gina dejesus and michel michel michelle knight. >> three brothers arrested charges will be filed including this man age 52 ariel castro. >> she is saying the male is ariel castro, 52-year-old hispanic male who lives at 2257 see more and he has been holding her 10 years. >> i have been here a year. i barbecued with the dude. we eat ribs and whatnot and listen to salsa music. >> he had no indication anything was going on? >> not a clue. that girl was in the house or anybody else against their will. >> you got a boss coming? this might be for real. >> i will tell you this because i was there to see her all three girls. god works in mysterious ways. >> gina dejesus might be also. >> go ahead.

>> we found them. >> thankfully due to amanda's brave actions these three women are alive today. >> i found criminal complaints charging ariel castro with four counts of kidnapping and three counts of rape. as it relates to pedro and onil castro no charges will be filed at this time. there is no evidence these two individuals had any involvement. >> this child kidnaper operated a torture chamber and private prison in the heart of our city. >> the only opportunity after interviewing those young ladies was the other day when amanda escaped. they were in that home. they don't believe they have been outside of the home for the last 10 years respectively. >> ariel castro, charged with kidnapping and rape, kidnapping and rape on the second, kidnapping and rape on the third, kidnapping on the fourth.

>> they were not in one room but they did know each other and they did know each other was there. >> while in captivity they were beat, bound and restrained and sexually assaulted. they were never free to leave the residence. >> michelle knight told investigators castro dot amanda berry captive and forced knight to deliver the baby to contain quote the mess. with castro standing over her saying if the baby died he would kill her. knight got pregnant four times but deprived her of food for two weeks and repeatedly punched her in the stomach. >> the amount of leads and work hours and dedication that went into this i have never seen it before over the last 10 years. >> these three young ladies provided us with the ultimate definition of survival and press

veer re pierce veer rens. >> they escaped the horrible years of continuous sexual assault and torture. they are not the only ones tear riseed by ariel past troe. his former in-laws said he beat his former wife breaking her nose, breaking her arms and even locking her in a box. 48-year-old died last year. her second husband fernando calone joins us. good evening fernando. >> good evening, ma'am, how are you? >> i am very well. fernando, when did you first meet ariel? >> i met ariel around 1995 right after i met gremelda. >> under what circumstances did you meet both of them? >> i met gremalda at the hospital where i was working as a security officer. she would come in with different types of injuries and for her

appointments. that is where we met. >> did she ever tell you where she got the injuries or how she got the injuries? >> yes, she stated to me those injuries were afflicted by mr. ariel castro. >> i saw her with a broken nose, dislocated sold shoulder, broken nose, i think fractured ribs. also a missing tooth. >> did she come in more than once with injuries? >> she came in more than once with different injuries. >> at one point you and she developed a relationship. how did that happen? because she separated from ariel? >> when i met her we spoke about

her injuries. she was looking devastated and kind of afraid of something. i approached her we started talking. she explained to me the situation and what she was going through. >> did you at some point move in with her or marry her? >> yes, shortly after that occurred in the hospital where we met and we talked for i think probably two, three weeks i asked her if she would accept my help to get away from mr. ariel castro she accepted and she moved in with me and the kids. >> did shoe i eve ever call the on him? >> she made police reports but to call them directly, no. >> at some point -- the two of you are living together and are you living with her children with israel? >> she was living with me and we

have four children ariel castro jr. emily angie and ali. >> later on as time marched on suddenly the community learns about the fact that there are these missing girls one of whom is gina dejesus, is that right? >> yes, that's correct. >> all right. were you ever questioned about that disappearance? >> yes, i was. >> i was at work as a security officer for international investigations and was 110 from lorraine plaza. i was told by my employer that the fbi wanted to talk with me and that they needed the patrol car to check it out for any type of evidence. >> did that happen? did you talk to them? >> yes, i did. i went with them downtown to

their field office and i was interviewed with them, yes. >> and were they asking you about the disappearance of gina? >> that is correct. they asked me if i knew gina and she ever asked me into the house was she in my vehicle did i ever spend any time with gina. >> why were you interviewed? who put your name in this? >> my thought is that mr. ariel it's troe had informed them. i was living with the girls they were friends and they must have been around me and they possibly had something to do with it at this point. >> ariel castro who gets caught with gina and the other two he's the one who sent the fbi out to talk to you? >> that is correct. did you ever tell the fbi they

should investigate ariel? >> i told them to look into ariel castro. >> did they do it? >> no, they did not. >> did you ever suspect ariel castro's involvement in the disappearance of thor two? >> let me put it this way, it did not surprise me that this did happen. i knew the type of person ariel was. he was a very smart man. i always said he's like a psychologist, very possessive very dangerous man according to everything his ex-wife told me. >> did his ex-wife ever suspect him in the disappearance of the? >> as far as i know she never mentioned anything. >> had you ever been inside the house? >> no, as far as i have been in front of the house. >> when you heard the other night that he was raised your

first thought was what? >> my first thought, i thanked god because for a long time i was saying that ariel castro was a very dangerous man, he had the opportunity and the means to get those girls. he disappeared in plain daylight with no struggle whatsoever. i felt very happy for my ex-wife as you know, she passed and i took it as a revenge to her that everything that he did to her. >> fernando, thank you very much. >> thank you. >> now to the neighbor being called a hero. charles ramsey hearing amanda berry's chilling screams for help and racing to the rescue. >> i went to mcdonalds, i was eating at mcdonalds, i hear some girl screaming. my neighbor he come across the street i am looking at him across the street wondering

where he is going. he goes next door to my house. i look and i see this girl, she is just going nuts on the door. i am like what's your problem? you stuck? just open the door. you can't it's locked. i look how he has it it's only so you have enough room to reach out and grab the mail. naturally going to pry it open. that didn't work. we had to kick open the bottom. luckily that door wassal aluminum. she climbed out with her daughter. she went to my house we called 911. when the police get here she says there's three more girls up there. that is when gina dejesus they brought that girl out. >> you saw amanda berry? >> yes. >> when the police said it -- >> i didn't know who that was. >> how did they look in what condition? >> oh, no, malnutritioned.

>> they didn't look good? >> no. no. they didn't just leave fit works. they look like they hadn't been fed in a long time, bro, a long time. we seen this dude every day. i mean every day. >> how long have you been here? >> a year. barbecued with this dude. we ate ribs and stuff like that, listened to salsa music. >> you had no idea? >> not a clue that girl was in that house or anybody else was in there against their will because how he is is -- he comes out to his backyard with the dogs and cars and motorcycles. goes back in the house. he's somebody you look at you look away. does the average stuff. nothing exciting about him. until today. >> three girls now young women grabbed and held against their will in the middle of a

cleveland neighborhood. neighbors were outraged what was going on under their nowses. he tells what he saw. >> nice to meet you, sir. >> sunday afternoon 1:00 in the afternoon. >> what was he doing? >> he has a little beautiful girl. i was sitting with my daughter when i see ariel pull up. they got a truck and walked to the bakery and got the girl a (inaudible) we got to the park i asked who's kid is this ariel? my girlfriend's daughter's kid. i am thinking okay, no problem. i watch the kid play maybe an hour playing in there got along and everything. i take off. following day i come on my own the first thing i sees both of my neighbors pulling out the same little girl and amanda berry out of the gate. my neighbor is like, come over

and help me. i am thinking what are you doing? you are breaking in the man's house. she is right here amanda berry. angel had the door already open. the baby came out, amanda baby came out with the baby screaming called the police and there's another girls up stairs. chuck went to turn around to retrieve the other girls but by the time they went to retrieve them the other police was coming up. >> how old was the girl? >> 5 years old. >> was he gentle and nice with her? >> she had a beautiful dress on he had white hat on khakis and a shirt. it was a typical sunday like i do with my kids. i take them to the park. you know what i am saying? typical day. nothing. you know what i am saying? >> have you ever been in this house? >> no. you can't even put a foot on the step. he did like that. he was very protective and stuff over there.

>> i can't say because i look at it at first i was thinking, you got a bunch of cars and trucks and toys and motorcycles. i never thought in a mmm years i got these girls inside my backyard. basically that's my backyard. >> did he actually live there? some people didn't know he lived there they thought it was boarded up he would come and go and check on it? >> he would go to work and come 9:30 in the morning come out the school bus with a bug old bag of mcdonalds and a bunch of sodas. i am thinking what is this man doing? every day for a long time he would take a bunch of food in the house and ride to work. he would come jump on his motorcycle take off a little bit close-up and go get a car or something it was ariel doing ariel. >> did you ever see any noise coming into the house?

>> 2011 i was walking home late like 10:30 at night he was shaken up tear fied? >> your sister? >> i believe he heard somebody knocking i saw a little girl in a lady's arm. whose home? ariel. i said ariel don't live with nobody. she said will you go over there and check it out. i go over there and there's plywood on the windows so you really can't see in or out of the house. called the police the cops came maybe half hour or later or so. there was no answer. they closed off the porch and walked into the driveway signed the light whoever is not there. they got in the car and took off by themselves. >> when did you see amanda with the baby? >> when she took off running. >> first ever seeing her? >> i never knew until the story came out 10 years ago. >> that was the baby you had

seen him with? >> i saw the baby and him at the park. >> you must have just about fallen over when you saw that. >> i fell over when i saw the baby come out of the house. i said i saw that girl yesterday playing with my daughter. then they said this is the man that has been having these kids in here all of the time and we are out here talking to him i think i have a good neighbor and he turned out to be a piece of crap. how would you feel about that? >> not good. >> what would you want to say to him? >> he wouldn't want me to talk. if i ever go in prison again i am going to put you through hell i promise you that. i put you in the (bleep) forever. >> straight ahead friends and family miss clues and warning signs about ariel castro's evil dark side. now his former band member and a close friend go on the record.

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>> three girls kidnapped and held hostage for 10 years when they grow as women. was any one suspicious about ariel castro? anything odd about him? he says he played in a band with castro and get this, he was inside of castro's house. what did he see there? here is what tito told us. >> how long did you know him? >> roughly 20-years. >> during the 20-years anything seem odd anything remote likely what developed in the 20-years? >> not at all. seemed like a normal person a normal musician as i saw it. i never dug into his personal life. i respected that everything was pretty much music with us. >> you are in a band together. >> yes. >> you went into his house? >> the first couple years i met him he was in rehearsal and stuff. few years back i was in his

house he told us appliances and he took a bunch of stuff in my garage he said can you help me take some of this stuff home? sure no problem of the which unloaded the appliances helped him take some of the stuff out of the house. i got as far as the living room pretty much. we didn't notice anything out of the ordinary he had furniture and had his instruments out there. he seemed pretty calm. he p wanted me to turn out i had a performance i really can't stay. i got to go. not knowing that possibly gina and the other two girls were there. >> did he say he lived with any one were his brothers there? >> ever since i knew him i have known him as a loaner. i have never seen him with a woman. >> when you were in the house no noise or did you see anything that might indicate a woman was living in the house?

>> no, not at all. >> windows boarded at all? >> they weren't boarded. it was like maybe someone had the shades down or something. i didn't have a clue. i didn't know what was going on. not knowing he was doing what he was doing. when i found out yesterday it was a shock to me. >> the discovery of the women. juan perez says he knew coastro for decades the man he once called kind harded he now calls a monster. >> i have known him for 22 years mentd>> describe him? >> from what i knew of him he was a great guy. nice guy. very impressionable very charismatic. very kind. kind hearted. you didn't feel a need to put your guard up. you were justable to be

yourself. me as a kid growing up i have a lot of friends that didn't have male role models. >> are you surprised this? did it stun you in light of how you think of him? >> yeah of theed i don't -- everything i just said is canceled. it was all a lie to cover up the monster that he really is. >> did he have odd hours or anything peculiar at all? >> the last two, three years i seen him go in his house usually in the morning for 20 minutes at a time. i thought the house was vacant. he was going in to make sure no one broke in. >> why did you think that? i saw him pass by. i saw the windows covered up. i thought it was like the other houses that were empty. they are just empty. >> was there lights on in the house at night? did it look completely vacant to

you? >> yes it did. >> why did you think he lived in a vacant house and wouldn't sell? >> i thought the area tremont is right over hero owe stadium is over here the property value may raise up with time. i just thought he was being smart and not selling right now. >> how did you hear something was going on? where were you? >> i was inside with my nephew. the door was open it was pretty warm. we heard some commotion my nephew looked outside evidences like there's an ambulance and cop cars come out. i see the hero i see him talking animated with police officers. i don't know him really well. turns out he wasn't in trouble. one of the police officers lady officers said to another officer can we get waters for them in

the ambulance. i said okay something else is going on. that's when the cop came up to us and let us know what was going on. i hurried up and my mom said there was a little girl. >> i just found out about the little girl. a lot of people can't see a positive in this ugly situation. this neglectty situation something positive came out of this which is a new 6-year-old baby a precious child. that's a blessing from god. >> coming up on the record is on the ground in cleveland. you will see what our team uncovered with the team of each kidnapping. plus our legal team is here. on the record special held hostage, ten years of terror. ♪

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we went back to the scenes of all three kidnappings. on august 23rd, 2002, in this area michelle knight who was then about 18 years old was last seen. no one knew what happened to her after that date, where she went, whether she was dead, whether she was alive. she simply vanished. what is particularly interesting about this is about eight months later about three blocks down lorraine where amanda berry was working at this burger king. she left that night and incidentally it was the day before her birthday, told her family she would be coming home and then her family hasn't heard from her in more than 10 years. no one knew what happened to amanda berry. she vanished into thin air. wilbur wright elementary school. back on october 2nd, 2004, it was wilbur wright middle school. this is where gina dejesus went to school. take a look around. looks like a lovely place for

your child to go to school. on that day april 2nd, 2004, something dreadful happened. gina who was a special education student decided she would walk home from school. she left the school never to arrive at home. they all vanished from areas in broad daylight that looked perfectly safe. this is where it happened. 2207 see more street. if you look down the street you can see the fbi is still processing the houses where the three women and a young child apparently have been for many, many years. neighbors give all different stories some neighbors describe the man who lives there castro as an ordinary guy. the story we hear from everybody is how surprised they were. they never in their wildest dreams believed that those three women would be held captive in that particular house. >> on the record has been doing an investigation of the missing girls now women from almost in the beginning. right after 14-year-old gina

dejesus vanished we spoke with her husband and cleveland police. >> miranda what can you tell us about the investigations so far? >> so far no signs of criminal activity. gina just kind of dispiered in thin air. >> what's your theory about what happened. was this an abduction or a run away? >> all of the options are open right now. we are hoping it is a run away. it could be an abduction. we are just treating it on both sides of the fence there. >> silvia, i take it the family has contacted all of her friends to see if gina has made a call to them? >> absolutely. they did that the first day when they finally realized she wasn't coming home. her mother and father immediately started going out to all of her friends and calling people to find out where she might be. nobody has seen her since she walked away from her last girlfriend on her way home. >> the mysterious unsolved

disappearances of the three girls now women now keeping cleveland reporters busy for the last 12 years. that includes julie from the radio station. >> thanks for having me. i am curious about this information about a cell phone, amanda's cell phone being used a short time after she disappeared. what happened? >> well, about a week after she disappeared we were -- police were searching, combing through the area and amanda's mother lieu wanna. it was a man who had amanda they were married now and she would see her soon. within maybe a mile from the see more avenue address. that's the last they heard from amanda. >> did they follow up on a clue

from that cell phone? >> i am pretty sure they did, but you would think. i mean it was so close to where these girls were found. they followed up but i don't know if they took it as seriously as they should have if they would have known. >> what about the 2004 sketch? >> the 2004 sketch, now that was a -- someone who said they witnessed gina dejesus getting in a car with someone, and that was the composite sketch that he gave. turned out to look very much like ariel castro. >> i understand last year there was actually a search for one of the young girls or young women and that ariel castro went to the dig? what happened? >> yes. yes. it turns out he was going to the

vigils. there was a prisoner, it was about a year ago, he claimed that he knew where the body of amanda berry was and it was within walking distance of the see more avenue address. so investigators spent the entire day digging this empty lot. they didn't find anything and according to witnesses, they saw a man who looked very much like ariel castro who went up and was asking people if they found anything. >> and then final thing, a child left unattended in a bus. he was questioned? >> yes. i don't know if he was ever questioned that was in 2004. they actually, police went to 2207 see more. i am pr -- seem more. i am pretty sure that was after gina dejesus was missing. that was when amanda and michelle should have both been

captives in the house. he left a child unattended on the bus. police went up to the door, no criminal charges were filed. they decided he had no criminal intent in that situation. >> thank you very much. i bet you are glad you have been working on this case a number of years, so i bet you are happy the news, it looks like it is over. thank you very much. >> completely. thank you. >> i image. will the state of ohio seek the death penalty? how can they prove murder all of these years later. our legal panel investigates the charges he faces next. clues surfacing for nearly a decade. was it right in front of them all along? did the fbi and police ignore evidence that could have helped years ago. 10 years of terror next. you hurt my feelings, todd. i did? when visa signature asked everybody what upgraded experiences really mattered... you suggested luxury car service

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intend to seek schargs for every day of rape, felonious assault, all of these attempted murders and act of aggravated murder by terminating pregnancies that the offender perpetuated against the hostages during this decade long ordeal. >> the prosecutor confirms it could include the death penalty. >> we know for sure the dna is back from the lab. it shows ariel castro is the father of amanda berry's 6-year-old child. joining us, our legal panel. jim hammer in washington defense lawyer bernie grim. he says he's going to charge for each day of kidnapping. is that legally possible. is this one kidnapping or 10 years times 365 or whatever it is kidnapping count? >> the good news is, it doesn't matter much because on the

sexual assault each separate rape is a sexual crime you could stack those up this guy is never getting out of prison. on the kidnapping issue if you move that person again from one room to the other i don't think it's a separate time. the prosecutor could argue if the victims left the house and he forced them back into the house the key being into a place of greater danger to the victim you could argue those are separate acts of kidnapping. >> bernie? >> why would you affect this record with something that would be volition for this guy. if he had the women outside and brought them inside that's another count if they we in another room and forced them to go to the other room why would you take that chance. you could stack the sexual assaults probably at this point another murder and get this guy. >> he said he was going to charge each aggravated murder for each pregnancy he terminated as a result of this conduct. how does he prove that? is it enough for a woman to say it happened five times or three times or four times or do you need some sort of corroborating

witness? >> go ahead, jim. >> we prosecute a lot of cases businessed upon the testimony of the victim. people commit crimes in secret for reasons under witnesses bernie and other victims go under their successful in undermining that. it is plenty for a conviction. i have no doubt in that case. the victim was raped 15 times and that's enough. >> the victim says i was raped 15 times. maybe it was only 10 times at some point it becomes overwhelming for the jury to figure it out. they have to be convinced of each element the victim's memory of whether it was 15 or 30 is regrettable you are right in the prosecutor when they finally de brief these poor women they are going to have to decide upon which ones can she clearly identify stick with those. don't lose yourself trying to do 200 of them. pick the dates that you can

remember and stick with those. >> i think that's why the prosecutor said he's going to overwhelm the jury. pick the ones he can do get him put away for >> the jury will so that was the one that happened in 2011 no that was the one in 2009. crazy. get them in the mind set of try to remember the date as best you can. they are not watching tv or reading newspapers. i don't know why you would take that chance. you have 5-10 good felony rapeings or no them and hit them with those. >> if they get it on aggravated murder based on these incidents in which you are really relying on a women's reck liollection whether it's 10shgs 15 or 30 your thoughts on whether that will be provable to support a murder or death penalty? >> i think the interesting legal issue in this case, we don't know a lot of facts about how pregnant the victims allegedly were -- allegedly we have read beat them in the belly to force

the death of the child. so i think the question is going to be in terms of legally does he decide under ohio law that's a crime the way i read it up to 8 years or is it just homicide. if it's homicide in the course of the kidnapping a course of the felony. we heard in another case that's felony murder. he could face the death penalty for that. >> did cleveland police and the fbi botch the case? clues evidence even phone calls all pointing at the house of horrors. the panel investigates next. [ female announcer ] research suggests cell health plays a key role throughout our lives. one a day women's 50+ is a complete multivitamin designed for women's health concerns as we age. it has 7 antioxidants to support cell health. one a day 50+.

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in the end, there are . but one choice.

>> i am amm

>> back to the panel. did the fbi and cleaver land police miss clues over the past decade. >> the second husband to ariel's former wife who is now deceased says whhe told the fbi to go lo at ariel. they did that. >> you have 2004 child services went there knocked on the door nobody answered they left. 2011 a women said there was women in the backyard with chains on their neck. somebody called said there was a naked woman in the backyard of this house and the police thought the woman was playing a joke. the police maintained none of these calls were ever made. >> your thoughts about all of this? >> it's just you have to be just furious to think this could have been prevented. it is so eerily like the jaycie

dugard case. 1981, 11 years old walking oudo the road kidnapped she spent 18 years living in this man's backyard. several times officers came to their door to don't the parole sphinx. never bothered to go in the house in the backyard. she was raped force to father children by this guy and lived this nightmare for 18 years. the government if they had done their job she would have been freed many years earl ri-- earlier. when we get a call like that do we fully investigate. do we say i want to make sure there's no woman in here young chilled in danger. >> there was a call from amanda berry's telephone a short time after she was kidnapped and a cell phone tower indicated it was from see more street apparently. that would have been a good hint if you follow amanda's cell phone. if it is seymor maybe you should

knock on the door. >> i am not one to react because it's a very, very difficult job. there are six separate occasions where they say there is something unusual going on at the house. >> if they knock on the door and they are doing nothing that's not getting the job done. that's giving up that's going to get a doughnut down the street at the 7-11 or something. that's not doing their job. >> police officers do good work 99 percent of them do stellar work as a former police officer. those cases are rare they are not unheard of. >> here is another clue they missed the sketch in 2004. the sketch looks just like him. how many more clues? >> when you listen to the early

police accounts there was an interview where they treated it as a missing person's case she was a sex slave and prisoner, too. if people put more focus on this and went door to door god help us she might have been freed 5, 6 years ago. >> panel, thank you. new clues coming out of cleveland in a minute. on the record special held hostage ten years of terror that's next. i want to make things more secure.

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i prescribe crestor. [ female announr ] crestor is not right for everyone. like people with liver disease or women who are nursing, pregnant or may become pregnant. tell your doctor about other medicines you're taking. call your doctor right away if you have muscle pain or weakness, feel unusually tired, have loss of appetite, upper belly pain, dark urine or yellowing of skin or eyes. these could be signs of rare but serious side effects. is your cholesterol at goal? ask your doctor about crestor. [ female announcer ] if you can't afford your medication, astrazeneca may be able to help. >> greta: >> three kidnapped girls now ten years later all three women are back home. they are spending a time with their families. family members of accused kidnaper ariel castro are ripped apart they are in shock claiming they had no clue what went on signed the home we will be following the investigation as the team is on the ground in cleveland digging up clues and

searching for answers. when we have them you will be the first to hear them. thanks for joining us for this on the record special. ten years of terror. good night. >> this is a fox report. tonight a shooting during a mother's day parade right in the middle of one of america's great cities. now the hunt for the suspect. they are the men american people did not hear from during last week's benghazi hearing. a effort to get their sworn testimony one way or another. the chairman now wants answers from the leaders of a review board into the terror attack that killed four americans. they reached conclusions with data. >> where the search for the truth takes us next. >> also.